Enforcement Action: Compliance OrderIssue Date: July 3, 2014
Surjit Johal (“S. Johal”), contrary to section 20 (1) of the Homeowner Protection Act (the “Act”) and section 4.1 (2)(e) of the Homeowner Protection Act Regulation (the “Regulations”), regarding a new home in Burnaby, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to maintain a registered interest in the land on which the New Home was built for at least one year from the date of first occupancy. On June 14, 2012, the Homeowner Protection Office (“HPO”) suspended the OBA that had been issued to S. Johal for the New Home. On July 3, 2014, the HPO issued Compliance Order 14-0040 to S. Johal, directing that S. Johal:
- immediately, apply for and become an HPO Licensed Residential Builder (“LRB”) pursuant to section 14(1) of the Act, and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- immediately, arrange for a LRB to enrol the New Home in a policy of home warranty insurance pursuant to section 22 of the Act;
- provide the HPO with evidence that S. Johal has a registered interest in the land on which the New Home was built and confirm in writing to the HPO that S. Johal intends to comply with the requirements of the HPO OBA; or
- if Gurdish Johal (“G. Johal”) meets the eligibility requirements, G. Johal may apply for, and be issued, an HPO OBA for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations.
S. Johal was ordered to comply with Compliance Order 13-0040 by August 1, 2014.